Page 7 - Desert Oracle November 2021

NSO Report

Claimant Substitution

Upon the veteran’s death a claim may continue to adjudication if certain
eligibility requirements are met.

“Substitution in case of death of claimant, 38 U.S.C. § 5121A, provides that
if a claimant dies while a claim or appeal for any benefit under a law
administered by the Secretary is pending, a living person who would be
eligible to receive accrued benefits due to the claimant under section
5121(a) of this title may, not later than one year after the date of the death
of the claimant, request to be substituted as the claimant for the purposes
of processing the claim to completion.”

This means individuals such as the veteran’s spouse, children, and
dependent parents may file a request to be substituted; if the request is
received within one year from the date of death of the veteran. Individuals
who are eligible for accrued benefits are individuals who would be eligible
for substitution. Only one person out of the eligible class will be allowed to
serve at one time. The person filing the claim must show that he or she is
an eligible person to serve as a substitute for the claimant. The VA must
then approve the substitution claim. Once approved, the substituted
claimant may continue the case to completion, even if the case is already
in the appeals process. If there is no surviving spouse, dependent child or
dependent parent, then a substitution claim cannot be filed. The only other
option would be to file a claim for accrued benefits to reimburse anyone
who paid for the veteran’s last sickness or burial. Substitution applies to
the same benefits for which accrued benefits are payable such as
compensation, pension, and dependency indemnity compensation (DIC).

Accrued benefits are benefits that are due to the beneficiary based on an
existing decision on a claim for benefits or evidence in the Veteran’s claim
file at the date of death, but not paid prior to death.